Imran S/O. Jameel Sab B vs The State Of Karnataka
2024 Latest Caselaw 4950 Kant

Karnataka High Court

Imran S/O. Jameel Sab B vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                   -1-
                                                         NC: 2024:KHC-D:3928
                                                         CRL.P No. 101919 of 2022




                              IN THE HIGH COURT OF KARNATAKA,
                                       DHARWAD BENCH

                          DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                               BEFORE

                          THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                       CRIMINAL PETITION NO.101919 OF 2022 (482-)

                   BETWEEN:

                       IMRAN S/O. JAMEEL SAB B
                       AGE.40 YEARS,
                       OCC.EMPLOYEE IN PRIVATE FIRM,
                       R/O.NEAR YASEEN SAB MASIDI,
                       COWL BAZAR, BALLARI-580001,
                       KARNATAKA.
                                                                     ...PETITIONER
                   (BY SRI. M L VANTI, ADVOCATE)

                   AND:

                       THE STATE OF KARNATAKA
                       PSI BRUCEPET POLICE STATION
                       BALLARI.
                       REPRESENTED BY SPP
                       HIGH COURT OF KARNATAKA
MANJANNA               DHARWAD BENCH, DHARWAD-580001.
E                                                                   ...RESPONDENT
Digitally signed
                   (BY SRI P.N. HATTI, HCGP)
by MANJANNA E
Date: 2024.02.22
14:23:08 +0530           THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
                   SEEKING TO QUASH THE COMPLAINT AND FIR IN BALLARI,
                   BRUCEPET POLICE STATION CRIME NO.133/2020, AS AGAINST THE
                   PETITIONER/ACCUSED NO.3, PENDING ON THE FILE OF I ADDL.
                   CIVIL JUDGE (JR.DN) AND JMFC, BALLARI, FOR THE OFFENCE
                   PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT
                   1963 OF KARNATAKA POLICE ACT 1963 TO MEET ENDS OF JUSTICE.


                       THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT MADE THE FOLLOWING:
                                     -2-
                                            NC: 2024:KHC-D:3928
                                            CRL.P No. 101919 of 2022




                                  ORDER

1. This petition is filed challenging the proceedings

initiated against the petitioner for offence punishable

under Section 78(III) of the Karnataka Police Act, 1963.

2. The material on record reveals that, the Police

Inspector, Brucepet Police Station, Ballari has conducted

the raid on credible information regarding some persons

were playing Mataka on 20.08.2020 at 8.45 p.m., and

registered the FIR on 28.08.2020 at 1.00 p.m.

3. Since the investigation was commenced before

obtaining the permission under Section 155(2) of Cr.P.C.,

it is obvious that the proceedings are vitiated, in view of

the judgment rendered by this Court in the case of

Vaggeppa Gurulingappa Jangaligi Vs. The State of

Karnataka in Crl.P.No.101997/2019 disposed of on

10.12.2019.

4. Accordingly, the criminal petition is allowed.

Consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE EM/CT:BCK